Town of Rensselaerville

Local Law No. 1
of the
Town of Rensselaerville
entitled
"Moratorium Law of 2006
for the
Town of Rensselaerville"

A local law establishing a one year moratorium on certain residential subdivisions and developments in the Town of Rensselaerville.
Section 1. Title:
This law shall be known as the Moratorium Law of 2006 for the Town of Rensselaerville.
Section 2. Purpose and Intent:
It is the intent of this law to provide for the orderly and rational development and use of lands in
the Town of Rensselaerville. [hereinafter referred to as Town] The Town's Comprehensive Land
Use Plan, adopted in 1991, has not been updated and due to potential development pressures it is
necessary to review, analyze and determine whether such Plan remains an accurate assessment of the
Town's land use policies and goals. In addition, based on input from the Town Planning Board, the
Town's Zoning Law and Subdivision regulations may require amendment in certain respects in order to
properly maintain the rural character of the Town while allowing for appropriate development. In order to
have the opportunity to study such issues and make decisions in accordance with such study, it is deemed
both prudent and appropriate to establish a moratorium on certain types of land use applications
and development so that study and possible changes to the Town's Comprehensive Plan, Zoning
Law and Subdivision Regulations can be accomplished without the pressure of pending applications
and without the possibility that the positive results to be derived from such study and update of the
Town's land use goals, policies and regulations be negated by ongoing or new development. This action
is also necessary to insure the protection of and promote the public health, safety and general welfare of the
residents of the Town of Rensselaerville.

Section 3. Authority:
This moratorium is enacted by the Town Board of the Town of Rensselaerville pursuant to its
authority to adopt local laws under the New York State Constitution Article IX and Section 10 of the Municipal Home Rule Law.

Section 4. Moratorium Imposed:
For the period of one year beginning on the day immediately following the effective date
of this local law, there is hereby imposed a one year moratorium on the following:

A. All subdivisions that are defined as "Major Subdivisions" under the current
Subdivision Regulations of the Town of Rensselaerville.

Section 5. Effect of Moratorium:
After the effective date of this Local Law, and subject to any other Local Law adopted by the
Town Board during said one year period, no official or employee of the Town shall accept for review, continue to review, hold a hearing, make any decision or issue any permit or approval upon any application for the uses, projects or developments set forth in Section 4 above. Any statutory or locally enacted time periods for processing and making decisions on all aspects of the aforesaid applications are hereby suspended and stayed while this Local Law is in effect.
Section 6. Exceptions:
A. The lawful use of any premises or the lawful building or construction of any
residential structure operated under a permit or approval issued by any Board or official of the Town of Rensselaerville on a date prior to the effective date hereof may be continued, provided that such operation or construction shall not be enlarged, expanded or extended beyond that which is allowed under the previously granted permit.

B. Subdivisions for which a preliminary plat, conditional final plat, or final plat approval was granted by the Planning Board, or for which a public hearing has been completed on the preliminary plat approval prior to the effective date of this Local Law.

Section 7. Enforcement:
This local law shall be enforced by the Code Enforcement Officer of the Town of Rensselaerville
pursuant to the enforcement provisions set forth in Article XII of the Town of Rensselaerville Zoning Law, or such other individual(s) as designated by the Town Board. It shall be the duty of the enforcement individual to advise the Town Board of all matters pertaining to the enforcement of this local law and to keep all records necessary and appropriate to the office and to file the same in the office of the Town Clerk.

Section 8. Violations:
Any person violating any of the provisions of this local law shall be guilty of an offense and
upon conviction thereof, shall be subject to the penalties set forth in Section 10 of Article XII of the Town of Rensselaerville Zoning Law.
Section 9. Severability of Provisions:
Should any section or provision of this local law be declared null, void, voidable, or invalid,
such finding of invalidity shall not affect the validity of the remaining portions of this local law.
Section 10. Appeal Procedures:

A. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an unnecessary hardship affecting a parcel of real property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this Local Law, the health, safety or welfare of the Town or any planning or regulatory amendment being undertaken by the Town. Any such waiver or variance of this Local Law for a proposed application or project must still comply with all other applicable provisions or the Town Zoning Law or Subdivision Regulations.

B. Any application for a variance or waiver pursuant to this section shall be filed with the Town Clerk and shall include a fee of $50.00 for the processing of such application, along with copies of a plan or sketch showing the proposed project in accordance with the Town of Rensselaerville Zoning Law and Subdivision Regulations.

C. The application shall then be transmitted to the Town Board which shall conduct a public hearing and make a final decision on the application, with or without conditions, within thirty (30) days of receipt of the application by the Town Clerk. Final approval is reserved to the absolute discretion of the Town Board.

Section 11. Effective Date:
This local law shall take effect immediately.

Section 12. SEQRA Determination:.
The Town Board of the Town of Rensselaerville hereby determines pursuant to Article
Eight of the Environmental Conservation Law of the State of New York that the passage of this local law is a Type II action and will not have a significant adverse effect or impact on the environment.

Section 13. Conflict with State Statutes and Authority to Supersede:
To the extent that any provisions of this Local Law are in conflict with or are construed
as inconsistent with the provisions of New York State Town Law this Local Law supersedes, amends and takes precedence over New York State Town Law pursuant to the Town’s Municipal Home Rule powers pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); 10(1)(ii)(a)(11); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority.

In particular, this local law supersedes any inconsistent provisions of Town Law §276 which require that the Planning Board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, concept and final subdivision plats) within specific time periods. This local law suspends and stays the running of time periods for processing, action upon, holding hearings on, making decisions and taking action on such a subdivision application (including, but not limited to, concept and final subdivision plats) provided for in that law.

This Local Law also supersedes any inconsistent provisions of Town Law §§§§ 267, 267-a, 267-b and 267-c relating to the authority to grant variances, special exceptions, waivers or other relief from the Town Zoning Code within specified time periods. This Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions and taking action on such applications provided for in those laws and is intended to supersede said inconsistent authority.
This Local Law also supersedes any inconsistent provisions of Town Law §274-a which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods. This Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede said inconsistent authority.

End of Law